First, the consequences of damage or imminent damage, that is, the infringement has caused or is about to cause damage to the trademark owner, which can be manifested as a decline in product sales, a decrease in interests or a decline in trademark reputation.
The second is the illegality of the act, that is, the actor objectively exercised the rights enjoyed by the trademark owner according to law without permission and other legal basis.
Third, there is a causal relationship between damage consequences and illegal acts, that is, damage consequences are directly caused by illegal acts.
The fourth is subjective state, including fault and no fault.
Under normal circumstances, the actor illegally uses the same or similar trademark as the registered trademark, forges or makes the logo of another person's registered trademark without authorization, and counterfeits the registered trademark. When determining whether there is infringement, the subjective fault of the actor should be taken as the element; For the act of selling goods with counterfeit registered trademarks, the subjective fault of the actor is not the key factor to determine whether there is infringement.
Advantages of joint trademark registration in Chinese and English;
First, the advantages of combined registration
1, reduce the registration fee. Only one application fee is required to merge all the elements into one trademark for registration.
2. Convenient management. After the number of trademarks is reduced, it will save a lot of manpower and material resources in the procedures of trademark infringement risk monitoring, trademark renewal and trademark use, and it will be more convenient to manage.
Second, the shortcomings of the merger registration
1, low success rate. Combination registration will increase the risk of trademarks. As long as one element in the Chinese, English and Chinese drawings is judged to be similar, it will be rejected as a whole.
2. It is inconvenient to use. A combined trademark can only be used as a whole, its position cannot be changed, and words or graphics cannot be used as trademarks alone.
3. Review time is long. Because each element in a trademark is examined in different ways, there are several elements in a combined trademark, and the trademark office needs to examine it many times, which is 2~3 times longer than the time of separate registration.
4. Trademarks used in separate forms cannot be prevented.
Is it infringement to translate Chinese trademarks into English and then register them? To sum up, if the registered enterprise has no intention to change the trademark in the short term considering the cost factor, it may consider registering only the trademarks actually used or used in combination in the future. However, from the perspective of defense, it is suggested that the core trademarks of enterprises should be registered separately and in various combinations.